On 03/31/2010 07:27 AM, Jerry Feldman wrote: > On 03/30/2010 08:31 PM, Bruce Dawson wrote: > >> Oh, its not over; SCO plans on suing IBM next. (Or at least SCO's >> lawyers plan to - I suspect they're the only ones left given that >> they're getting paid.) >> >> > It's really up to Judge Cahn (chapter 11 trustee) and the bankruptcy > court. The IBM case was stayed when SCO filed chapter 11 as was the SCO > vs. Novell, but that stay was lifted because the original case also > included a financial claim against SCO. > > Reading further in this morning's updates it does appear that SCO will pursue the IBM case, and there are a few other cases with claims and counter claims. SCO's agreement with its attorneys, Bois Schiller, obligate them to the end of the case. While this verdict does remove some of the supports from it's IBM case, the underlying issue in the SCO vs. IBM is the contract. SCO is claiming that IBM, in violation of its contract contributed 3 derivative works, (1) SMP, (2) NUMA (through its acquisition of Sequent), and (3) JFS - IBM claims the Linux JFS comes from OS/2, not Unix. This actually goes back to the old AT&T Unix contracts that had a 'derivative works' clause. IBM also has counter claims against SCO. Additionally, SCO can appeal this verdict, though that is unlikely. I think we will see in a few days what Judge Cahn decides to do. While the IBM litigation is the major one, there is still a few others under stay including the SUSE vs. SCO arbitration in Europe regarding United Linux. I'm sure that IBM and Novell will push their motions in the bankruptcy court to force SCO into chapter 7 now with Novell clearly holding ownership to the copyrights.
-- Jerry Feldman <g...@blu.org> Boston Linux and Unix PGP key id: 537C5846 PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB CA3B 4607 4319 537C 5846
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